LS OK’s Bill amid protest by Nitish Kumar’s party
Amid walkout by BJP’s ally Janata Dal(U), which accused the Modi Government of “creating friction in society”, the Lok Sabha on Thursday passed Triple Talaq Bill after intense debate and dramatic scenes. The Bill will now go to the Rajya Sabha, where its passage will depend on the stand of the JD(U) and another NDA partner the AIADMK, which is also opposed to the Bill.
The Congress and the Trinamool Congress walked out of the House accusing the Government of targeting Muslim men “only”. The BJP countered the Opposition parties saying they were engaged in playing vote-bank politics and showing utter injustice to hapless Muslim women.
During the debate, the Opposition parties warned the Government that the Bill will be defeated in the Rajya Sabha and demanded that it should be sent to Standing Committee.
Law Minister Ravi Shankar Prasad said penal provisions are meant to prevent the barbaric Triple Talaq practice and not for sending the husband to prison if he withdraws his decision or apologises.
“Then what is the point of sending a person to jail if he or his advocate apologises before the Magistrate. Then matter is over. I am amazed to see many members are saying this Bill is to send men to jail. He will only go to jail if he sticks to his instant triple talaq stand which is a crime and banned by the Supreme Court,” said Prasad, citing many incidents of Triple Talaq even after the Supreme Court verdict.
Prasad said it was the duty of Parliament to create a law to strengthen the landmark judgment of the Supreme Court to undo the injustice to Muslim women. He pointed out that law enforcement agencies are facing difficulties in enforcing the verdict due to the absence of the law.
“When Hindus and Muslims are jailed under dowry law or Domestic Violence Act, no one objects. What is the objection in penalising the practice,” he said.
Congress leader in the Lok Sabha Adhir Ranjan Chowdhury opposed the penal provision ahead of the voting on the Bill, saying the Supreme Court never asked the Government to introduce penal provisions. “Present laws are sufficient,” he said.
Minorities Affairs Minister Mukhtar Abbas Naqvi also told the House that the Opposition parties are just spreading rumors and fear. “Rajiv Gandhi has done injustice in Shah Banu case by using majority in Parliament in undoing the Supreme Court judgment. We are using majority to do justice and strengthen the verdict. I can’t understand why many MPs are allying fears on husbands going to jail. It is natural people will go to jail if they violate law. Here we have put provisions for making chance to retract and apology,” said Naqvi justifying the Muslim Women (Protection of Rights on Marriage) Bill, 2019.
Opposing the Bill, Asaduddin Owaisi (AIMIM) said there are nine types of talaqs in Islam and asked if the husband is jailed, as the Bill proposes, then how will he be able to pay the maintenance to his wife. “You want to destroy the institution of marriage and bring the women on the road,” he said.
Owaisi said when the Supreme Court has banned instant triple talaq then why does the Government want to jail Muslim man. In a lighter vein, he said, “We Muslims marry for one life, not forever and ever.”
The BJP MPs were heard countering Owaisi, asking him why he was so much worried of going to jail if he is not involves in banned practices.
Initiating the debate from BJP’s side, Meenakashi Lekhi said the Bill is not the agenda of the BJP, but it is the agenda of the nation. The Opposition parties are not able to digest the fact that Prime Minister Narendra Modi, being a Hindu, is thinking for Muslims, Lekhi said. She sought to scoff off the notion that the Muslim religion is in danger because of this law.
Lekhi said there were sharia courts running in Uttar Pradesh when Akhilesh Yadav (SP) was the Chief Minister. This remark witnessed argument between Yadav, currently member of the Lok Sabha, and the BJP member. Intervening in the debate, Union Minister Anurag Thakur said that if a woman MP is speaking, a male member should not interfere as it would not send a good message.
Lekhi said the Government has shown the political courage by bringing this Bill and that the earlier Government did appeasement to gain votes. She cited that 22 Muslim countries have given up the practise of triple talaq. “Why a section should be neglected and left to a community,” she said adding somebody has to show political courage and this Government has shown that.
Mohammad Jawed (Congress) alleged that the Government’s intent is not clean and it wants to sideline the Muslim community. “I request the Minister to send the Bill to the Standing Committee for review and think of laws for separated women of all communities and not Muslims alone,” he said.
He said more number of Hindu women is being divorced as compared to Muslim women. Jawed also alleged this law is being formulated to jail Muslim men. Opposing the Bill, PK Kunhalikutty (IUML) said it is discriminatory in nature. “If it is for Muslim women, why you did not hold consultations with at least one Muslim organisation,” he said adding “why it is not convincing at all”.
He said that according to the last census, percentage of Muslim divorce is very minimal - 0.56 per cent, whereas in other community, the percentage is high. “It is your political agenda and nothing else. Why are you in a hurry,” he added.
Poonam Mahajan (BJP) said prevention is better than cure and the proposed legislation is seeking to do the same. She said the Bill is not about empowerment of women alone but it is also in consonance with Government’s motto of ‘Sabka Saath, Sabka Vishwas aur Sabka Vikas’.
Aparajita Sarangi (BJP) said the practise of triple talaq violates human rights. It is also regressive notion of patriarchy which treats women in an undignified manner and there is no convincing logic in opposing the legislation, she said.
Debate got paused in the middle, when Samajwadi Party MP Azam Khan made unsavory comments to Rama Devi, who was in chair.